Can a plaintiff premise an equal protection claim on an allegation that he is a member of a "class of one"?

Absent allegations of inclusion in a protected class or a fundamental right, a plaintiff may premise an equal protection claim on an allegation that he or she is a member of a "class of one." A "class of one" claim exists when: (1) a plaintiff was treated differently from other similarly situated individuals; (2) this difference in treatment was intentional; and (3) there was no rational basis for this difference in treatment. See Gerhart v. Lake Cty. Mont., 637 F.3d 1013, 1022 (9th Cir. 2010).

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